FID. & DEPOSIT CO. OF MARYLAND v. Arthur Andersen & Co.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the negative.

Whether Special Term’s vacatur of defendant’s default in answering was an abuse of discretion as a matter of law is a question of law reviewable by certified question (Barasch v Micucci, 49 NY2d 594, 598). The appeal is, therefore, properly before us. But whether the matter be considered under the standard established by chapter 318 of the Laws of 1983, which became law during the pendency of this appeal, or that applicable prior to that…